LOS NOMBRES GEOGRÁFICOS DE LOS VINOS DE CASTILLA Y LEÓN: NOTAS CRÍTICAS.

Abstract

«Protected geographical name» is the legal term for the classic «protected designations of origin» and the more modern «geographical indications» of wines, which coexist today with other terms accrediting product quality. The system of rules pertaining to such terms is complex, and it reaches into the international sphere (the 1994 ADPIC) as well as into the EC, national and regional spheres. Despite strong public interventionism, such terms grant a right of exclusive use and a jus prohibendi similar to that of collective trademarks and Spain's «guarantee marks». With the background of this parallel relationship, this paper studies the system of rules that apply to the wines of Castilla y León, paying especially close attention to the relationship with the Trademark Act and the Central Mercantile Registry. The paper upholds the view that there is individual ownership of exclusive use, while defence vis-à-vis third parties is the duty of the respective managing body. After examining the inability to transfer or dispose of the rights concerned, the paper analyses the contents of each faculty, reaching the conclusion that there are few grounds justifying the special system of rules.